Published 4:00 am, Thursday, January 15, 2004

An attorney for IBM on Wednesday challenged a medical expert's conclusion that chemicals in the workplace caused two former employees to develop cancer.

Robert Weber, a lawyer representing IBM, sought to highlight inconsistencies in the testimony of Dr. Robert Harrison, the chief of the state body that investigates workplace health issues.

Harrison had testified that he believed the ex-employees, Jim Moore and Alida Hernandez, developed cancer after being exposed to toxic solvents.

At issue in the trial is whether Hernandez and Moore became sick because of their work at the factory and whether IBM knew about their illnesses -- through tests and diagnoses performed by its medical staff -- but did not disclose to the plaintiffs the alleged link between their health problems and their jobs. They are seeking unspecified damages.

Weber accused the plaintiffs' legal team of trying to obscure Harrison's role in their case.

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In a 1999 report prepared by Harrison for Hernandez's workers' compensation case, he said she had apparently suffered "relatively minimal" exposure to toxic materials -- the same chemicals now alleged to have caused her to develop breast cancer.

"It contradicts the thrust of his testimony," Weber said in an interview after the session. "They tried to hide the fact that Harrison had written an opinion in 1999. That was a hide-the-ball trick."

Harrison said the report was based on limited information and did not offer a conclusion on whether Hernandez's cancer was caused by workplace chemicals.

He said he eventually came up with an opinion after reviewing more materials, including Hernandez's complete IBM medical record.

Weber also cited other medical experts who offered different opinions on the links between workplace chemicals and cancer.

"You're not saying yours is the only reasonable conclusion?" Weber asked him.

"I'm not the only reasonable doctor," Harrison answered, stressing that his findings were based on the data available and years of experience dealing with workplace health issues.

In an interview, Harrison said there is an increasing body of evidence to show that workplace chemicals cause cancer.

But Weber said Harrison resorted to "cherry picking" data in his analysis.

"This was litigation science -- not medical science," Weber said in an interview.

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